Single judge allowed bail application of Ram Ratan in a cheating and forgery case. Release granted on conditions of bond, sureties, and specific undertakings to avoid tampering, coordinated with short-term bail orders.
Applicant released on bail on execution of personal bond and two sureties with specific conditions.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16377 of 2020
Applicant :- Ram Ratan Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Bail Application
The instant bail application has been filed on behalf of the applicant, Ram Ratan, with a prayer to release him on bail in Case Crime No. 154 of 2017, under Sections 419, 420, 467, 468, 471 IPC, Police Station Bhatpar Rani, District- Deoria, during pendency of trial.
Allegation against the applicant is that he has submitted a forged certificate of mental illness of wife of his brother, Sunaina Devi, before the Sub Registrar stating that his brother had died and the widow is suffering from mental illness and she has been kept in captivity of Rama Sen and Kaushan, who want to get the sale deed registered from her. Therefore, only after verification of her mental condition, she may be granted permission to execute the sale deed. Learned counsel for the applicant has submitted that applicant has only given an application before the Sub Registrar stating that Smt. Sunaina Devi, can be cheated of her property and therefore, without ascertaining her mental condition she may not be permitted to execute any sale deed in favour of third party. On account of this reason he has been falsely implicated in this case. Otherwise no offence is made out against him. FIR has been lodged by the persons, who wanted to purchase the land from Sunaina Devi. The applicant has been falsely implicated in this case. He has criminal history of one case explained in paragraph No.15 of the affidavit in support of the bail application and is in jail since 13.3.2020.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 9.7.2020 Ruchi Agrahari
Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.10 16:48:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail under the larger mandate of Article 21 of the Constitution of India.
Whether bail conditions should be imposed to prevent tampering with prosecution evidence.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶12
Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Ram Ratan
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
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